Overview
This unit will provide you with an introduction to the law of contract and commercial law as they operate within the parameters of Australia's common law based legal system. Topics include the origins of Australia's present legal system and the current legal environment in which contract and commercial law operate to regulate commercial transacting between firms as well as individuals using concepts, doctrines, principles, legislation and case law. It explains the key functions and processes of the legal system. A particular study is made of the nature, terms, validity, operation and discharge of contracts, the process of litigation and alternate dispute resolution methods of corporate and non-corporate business structures. Commercial Law topics studied include Agency, the Sale of Goods, Australian Consumer Law, Real and Personal Property, Torts, Securities and Bankruptcy. If you have successfully completed the unit LAWS20028 you should not enrol in this unit.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 3 - 2020
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Postgraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Student feedback
There were too many topics of law covered
Topics will be reviewed and amended to ensure that each topic can be successfully studied in a reasonable time.
- delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken
- demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered
- recognise the types of legal problems likely to be contained in commonly encountered business transactions
- employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions
- make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 40% | |||||
| 2 - Take Home Exam - 60% | |||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Knowledge | |||||
| 2 - Communication | |||||
| 3 - Cognitive, technical and creative skills | |||||
| 4 - Research | |||||
| 5 - Self-management | |||||
| 6 - Ethical and Professional Responsibility | |||||
| 7 - Leadership | |||||
| 8 - Aboriginal and Torres Strait Islander Cultures | |||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||
|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | |
| 1 - Written Assessment - 40% | ||||||||
| 2 - Take Home Exam - 60% | ||||||||
Textbooks
Australian Commercial Law
Edition: 32nd (2019)
Authors: Clive Turner and John Trone
Lawbook Co: Thomson Reuters
Pyrmont Pyrmont , NSW , Australia
Binding: eBook
Additional Textbook Information
The textbook is also available in hard copy if you prefer. You will be able to order it through the publisher's website. You should not assume that it will be stocked by the CQU bookshop.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing styles below:
- Australian Guide to Legal Citation, 4th ed
- American Psychological Association 7th Edition (APA 7th edition)
For further information, see the Assessment Tasks.
p.robinson1@cqu.edu.au
Module/Topic
Principles and Features of Law and Overview of Commercial Law
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapter 1
Events and Submissions/Topic
Module/Topic
Features of the Australian Legal System
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapter 1 (pp. 3-27)
Events and Submissions/Topic
Module/Topic
Litigation, Alternative Dispute Resolution, Bankruptcy, Remedies and Enforcement
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 1 (pp. 28-31) and 32
Events and Submissions/Topic
Module/Topic
Elements of Forming a Contract: Offer, Acceptance, Consideration, Intention and Capacity
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 2, 3, 4 , 5 and 6
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Assignment Zoom Consultation - Details to be Advised in Term 2
Module/Topic
Terms of a Contract and Classification of Terms
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 9 and 10
Events and Submissions/Topic
Module/Topic
Methods of Discharging a Contract and Remedies for Breach of Contract
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 11 and 12
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Assignment Zoom Consultation - Details to be Advised in Term 2
Module/Topic
Legality of a Contract, Genuine Consent and Misleading and Deceptive Conduct
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 7, 8 and 17 (pp. 287-299)
Events and Submissions/Topic
Individual assignment due by 5 pm on Friday 4 September 2020
Individual Assignment Due: Week 7 Thursday (7 Jan 2021) 11:45 pm AEST
Module/Topic
Contractual Terms and Australian Consumer Law and Sale of Goods Acts
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 15 and 17 (pp. 299-307)
Events and Submissions/Topic
Module/Topic
Native Title, Personal Property, Real Property and Securities
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 14 and 29
Events and Submissions/Topic
Module/Topic
Overview of Torts and the Tort of Negligence
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapter 28
Events and Submissions/Topic
Module/Topic
Rules of Agency and Liability of Parties
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapter 13
Events and Submissions/Topic
Module/Topic
Sole Traders, Partnerships, Joint Ventures, Corporations and Trusts
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 26, 27 and 30
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
The assignment is designed to develop and assess the research, analytical and writing skills of students. Students are required to examine a scenario and answer a mix of legal problem and short answer questions using relevant cases and legislation.
Further information on the assignment will be provided on Moodle.
Week 7 Thursday (7 Jan 2021) 11:45 pm AEST
The assignment must be submitted as an MS Word document via Moodle
Week 9 Thursday (21 Jan 2021)
The assignment will be assessed according to the following criteria:
- Problem solving: students must demonstrate problem solving skills by identifying and applying relevant legal rules and principles.
- Critical thinking: students must demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
- Information literacy: students must demonstrate information literacy by identifying, understanding and applying legal rules and principles.
- Writing and presentation: students must submit answers with a clear writing style that uses appropriate grammar and expression. Ideas and arguments must be presented using a logical structure and order.
- Referencing: students must appropriately cite relevant references when using legislation, cases and secondary materials (for example books or journal articles).
- delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken
- demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered
- recognise the types of legal problems likely to be contained in commonly encountered business transactions
- employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions
- make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner
- Knowledge
- Communication
- Cognitive, technical and creative skills
- Research
2 Take Home Exam
The take-home paper will consist of a number of legal problem and short answer questions testing your knowledge and understanding of the entire unit. It is an individual assessment and no collaboration is permitted. It will be released on Moodle and students will have 24 hours to complete it and submit their answers in a single MS Word file via the submission link on the Moodle site. Extensions of time are not permitted for a take-home paper and the submission link will be disabled on expiry of the deadline.
Students will be advised of the date of the take home paper during the term.
Results of the take home paper will only be released when grades are certified.
The take home paper will be assessed according to the following criteria:
- Problem solving: students must demonstrate problem solving skills by identifying and applying relevant legal rules and principles.
- Critical thinking: students must demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
- Information literacy: students must demonstrate information literacy by identifying, understanding and applying legal rules and principles.
- delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken
- demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered
- recognise the types of legal problems likely to be contained in commonly encountered business transactions
- employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions
- make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner
- Knowledge
- Cognitive, technical and creative skills
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
